Animal's Legal Status Research

According to some philosophical theories, animals are undoubtedly the Object; and according to some legal theories, they are undoubtedly the Object of Legal Relations as well. Therefore, when some scholars claim that animals are the Subject or the Limited Subject of Legal Relations, drastic arguments come into being.But this paper discovers that the difference between both parties in argument is actually not distinct. For example, they all deem that human being should do its best to protect animals, which also have lives and are closely related to human being, that animals' legal status should be expressly stipulated so as to implement animal protection better, they all propose the almost same or similar legislative opinions, and so on. Among these, the most important thing is both parties always discuss this question in the context of the Dualistic Theory of Subject and Object.However, the Dualistic Theory of Subject and Object is not philosophically exclusive, and the theory of Subject and Object of Legal Relations not legally, either. In other words, the Dualistic Theory of Subject and Object is just an angle of view, and Subject or Object is no more than a word created by some scholars to facilitate communication with others, which does not exist independently outside human's thinking. So is the theory of Subject and Object of Legal Relations.This means both parties' viewpoints are consequences of personal thinking. Although they are brilliant and supported extensively, all their conclusions are certainly not the absolute and necessary Truth. So long as the angles of view differ, there are various viewpoints and even words. While communication can still continue, it comes to consensus unnecessarily, but why must it be come to? It is also an option to seek common ground while reserving difference.As a matter of fact, animals are the reunification of subject and object, people can dispute all the same on material questions such as if eating dogs should be prohibited, which will even be more effective.